EGMR: Forthcoming judgment on Tuesday 19 December 2017 – A. v. Switzerland (no. 60342/16)

The case concerns the deportation of an Iranian asylum-seeker. The applicant, Mr A., was born in 1982 and grew up in Iran. He entered Switzerland in 2009 and immediately claimed asylum. He brought three sets of asylum proceedings, all without success. Den Rest des Beitrags lesen

EGMR: Grand Chamber hearing in a case concerning the application of Islamic religious (Sharia) law to an inheritance dispute

The European Court of Human Rights is holding a Grand Chamber hearing today Wednesday 6 December 2017 at 9.15 a.m. in the case of Molla Sali v. Greece (application no. 20452/14). The case concerns the application by the Greek courts of Islamic religious (Sharia) law to a dispute concerning inheritance rights over the estate of the late husband of Ms Molla Sali, a Greek national belonging to the country’s Muslim minority. Den Rest des Beitrags lesen

EGMR: Alković v. Montenegro (application no. 66895/10)

The applicant, Rizo Alković, is a Montenegrin national who was born in 1960. He currently lives in Belgium. The case concerned a series of apparently ethnically and/or religiously motivated attacks against Mr Alković, who is a Roma and a Muslim, by his neighbours in 2009 when he was living in Podgorica (Montenegro). He alleged in particular that, on 26 May 2009, he saw one of his neighbours go to his car, take out a gun and, pointing it in the direction of his apartment’s terrace, fire nine to ten gunshots. In another incident, on 22 September 2009 when Mr Alković was celebrating Ramadan Bayram, a religious holiday, with his family, a large cross was drawn on his apartment door, with a message written on the wall “move out or you’ll bitterly regret it”. Den Rest des Beitrags lesen

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EGMR: Convicting a witness of contempt of court for refusing to remove his skullcap was not justified

In today’s Chamber judgment in the case of Hamidović v. Bosnia and Herzegovina (application no. 57792/15) the European Court of Human Rights held, by six votes to one, that there had been: a violation of Article 9 (freedom of religion) of the European Convention on Human Rights. In 2012 Mr Hamidović, a witness in a criminal trial, was expelled from the courtroom, convicted of contempt of court and fined for refusing to remove his skullcap. The Court found that there had been nothing to indicate that Mr Hamidović had been disrespectful during the trial. Punishing him with contempt of court on the sole ground that he had refused to remove his skullcap, a religious symbol, had not therefore been necessary in a democratic society and had breached his fundamental right to manifest his religion. Den Rest des Beitrags lesen

EGMR: Forthcoming judgment on Tuesday 5 December 2017 – Hamidović v. Bosnia and Herzegovina (application no. 57792/15)

The applicant, Husmet Hamidović, is a Bosnian-Herzegovinian citizen who was born in 1976 and lives in Gornja Maoča (Bosnia and Herzegovina). The case concerns his refusal to remove his skullcap while giving evidence before the criminal court which was examining a case about the attack on the US embassy in Sarajevo in 2011. Den Rest des Beitrags lesen

EGMR: Forthcoming Grand Chamber hearing on 6 December 2017 – Molla Sali v. Greece (application no. 20452/14)

The applicant, Ms Chatitze Molla Sali, is a Greek national who was born in 1950 and lives in Komotini (Greece). On the death of her husband, Ms Molla Sali inherited his entire estate under the terms of a will drawn up by her late husband before a notary. The deceased’s two sisters contested the will, on the grounds that their brother had belonged to the Thrace Muslim community and that all matters relating to his estate were therefore subject to Islamic law and to the jurisdiction of the mufti rather than to the provisions of the Greek Civil Code. They relied in particular on the 1920 Treaty of Sèvres and the 1923 Treaty of Lausanne, which provided for Islamic customs and Islamic religious law to be applied to Greek nationals who were Muslims. Den Rest des Beitrags lesen

EGMR: “Orthodox Ohrid Archdiocese (Greek-Orthodox Ohrid Archdiocese of the Peć Patriarchy)” v. “the former Yugoslav Republic of Macedonia” (no. 3532/07)

The applicant, “Orthodox Ohrid Archdiocese”, since renamed “Greek-Orthodox Ohrid Archdiocese of the Peć Patriarchy”, is a non-registered religious association. The case concerned its complaint about the national authorities’ refusal to register it. Den Rest des Beitrags lesen